JUDGMENT :

1. This is defendants' Second Appeal filed under Section 100 of CPC against the judgment and decree dated 15.01.2015, passed by Additional District Judge, Gariaband, in Civil Appeal No.21-A/2010 partly allowing the judgment and decree dated 09.01.2009 passed by Second Civil Judge, Class-II, Rajim in Civil Suit No. 57-A/2008, by which, the plaintiff's suit has been decreed.

2. For the sake of convenience, parties would be referred to as per their description shown in the plaint filed before the trial Court.

3. Instant appeal has been admitted by this Court on 10.07.2015 on the following substantial question of law:-

“Whether the findings of the First Appellate Court by holding the share of respondents No. 1 & 2 to the extent of 1/6th & 1/6th of the suit property is perverse ?”

4. The brief facts of the case, as reflected from the record are that, Plaintiffs/respondents No. 1 & 2 have instituted Civil Suit before 2nd Civil Judge, Class-II, Rajim, Raipur for declaration of title, partition and for possession mainly contending that the plaintiffs and defendants are Hindus and they are governed by Hindu Succession Act, 1956 and genealogy of the family was also described in the